Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum in New Mexico Discovery: [Your Name] [Your Law Firm] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Counsel Name] [Opposing Counsel's Law Firm] [Opposing Counsel's Address] [City, State, ZIP Code] Re: Deposition and Subpoena Ducks Cecum for New Mexico Discovery Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to discuss the upcoming depositions and the need for a subpoena duces tecum to obtain relevant documents for our case in New Mexico discovery. 1. Depositions: As per our previous discussions, it has been agreed upon that depositions will play a crucial role in discovering facts and uncovering relevant information for our case. We propose conducting the depositions as outlined below: a. [Deposition Witness Name]: Please provide preferred dates, times, and locations for this witness's deposition, keeping in mind their availability and convenience. b. [Deposition Witness Name]: Similarly, please provide preferred dates, times, and locations for this witness's deposition. We kindly request your prompt response so that we can finalize these arrangements and ensure a smoother discovery process. 2. Subpoena Ducks Cecum: To complement the depositions and allow for a comprehensive discovery process, we also require certain documents and records that we believe are within your possession, custody, or control. We request that you provide the following documents by [Specify a reasonable deadline], pursuant to a subpoena duces tecum: a. [List of specific documents requested]: Clearly outline the documents, records, or other tangible evidence requested that you possess and are relevant to the ongoing litigation. Be specific about the type of documents such as contracts, invoices, correspondence, reports, emails, etc. b. [Specify format & manner of production]: Provide instructions regarding the preferred format (e.g., electronic or hard copy) and the method of delivery of the requested documents. If electronic, please provide whether it should be in a searchable format or any other specific requirements. c. [Relevancy and necessity]: Please provide any arguments or justifications as to why certain documents may not be relevant or essential for the case, if applicable. We understand the importance of expeditiously completing the discovery phase and believe that by working together efficiently, we can ensure fairness and thoroughness in resolving this matter. If you require any further clarification or have any concerns regarding the aforementioned depositions or the subpoena duces tecum, please do not hesitate to contact me at your earliest convenience. We are open to discussing alternative arrangements or making necessary adjustments to suit your needs. Thank you for your attention to this matter, and we look forward to your timely response. Sincerely, [Your Name] [Your Law Firm]
New Mexico Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum
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FAQ
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (a)Motion for an Order Compelling Disclosure or Discovery. (1)In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
Rule 1-030(C) NMRA provides that examination and cross-examination of witnesses may proceed as permitted at trial under the New Mexico Rules of Evidence, "except Rules 11-103 and 11-615 NMRA." The reference to Rule 11-615 NMRA addresses whether other potential deponents can attend a deposition.
